New telecoms rules to force three countries to change laws

New rules for Internet providers across the European Union could weaken existing laws for downloading data in the Netherlands and Slovenia and eliminate an adult content filter for pornography in the U.K.

The telecoms single market rules, approved June 30, will go before the full European Parliament for a vote this fall. If the legislation gets a green light, it will trump existing national laws.

In addition to the porn filter, the most controversial omission from the rules is a ban on Internet service providers from giving customers access to certain earmarked content, without counting it against their monthly limits for downloading data. This is also known as “zero rating.”

That could mean that, by December 31, 2016, the Netherlands and Slovenia will have to change their laws, which currently do not allow Internet service providers to favor one type of content above another.

Both countries voted against these elements of the net neutrality provisions in Council on July 8, but their voices were overwhelmed by the majority.

“We are disappointed. For us, this is a step back for both consumers and companies,” said a Dutch source who requested anonymity as he was not authorized to speak to the press.

Likewise, a person close to the Slovenian negotiators said, “We would like to keep our national rules. But okay, this is how Europe works.”

Why is zero rating an issue?

Telecoms companies say zero rating is good for customers, because it offers unlimited access to apps or services without needing to worry about data download limits.

In the opposite camp, consumer groups and net neutrality advocates argue the practice distorts the market and is anti-competitive, because telecoms tend to exempt their affiliated content from the data limits, but not their competitors’.

“Such exemptions enable the largest telecoms operators and content providers to continue to shape the market to the detriment of consumer choice,” said Monique Goyens, head of consumer organization BEUC.

The fight apparently is not over.

“I have pushed for stronger and clearer wording, including a ban on zero rating, however the Council had very different ideas,” said Marietje Schaake, Dutch member of Parliament for the Alliance of Liberals and Democrats for Europe.

Looking for loopholes

While the telecoms reforms don’t ban zero rating, they don’t explicitly allow it. And there is a provision that lets national regulators intervene in the case of market distortions and consumer harm.

If large telecoms players are offering zero-rated content and there is limited consumer choice, the Slovenian and Dutch authorities may act to ensure a level playing ground.

“They may use that discretion to challenge zero rating, especially when consumers are disadvantaged,” Schaake said.

Fight over zero rating isn’t over

Several MEPs said they will continue pushing for a zero-rating ban.

“Further initiatives against zero rating are urgently needed,” Petra Kammerevert, a German MEP from the Socialists & Democrats, said in a statement. “Combating such business practices, especially in the wake of increasing vertical integration of the companies … needs to be addressed quickly.”

U.K. porn filter also to go

Despite the best efforts of U.K. Conservatives in the Parliament, the EU-wide regulation will put an end to Internet service provider-level filters for adult content, which will mean new U.K. laws by the end of next year.

Currently in the U.K., the major ISPs give users the option to block pornography or gratuitous violence. Consumers are prompted to choose whether to turn on the blocking filter when they first use their Internet connection.

While an exception for parental blocking tools was debated, it was not included in the final text.

Marcel

Marcel The corporations are which want to have zero rating which they can in these two countries. You are on the wrong side (by the way, the decision was not by “the EU” but by member states, the EU (Parliament) wants on outright ban. Read first, then write.